Energizing Technology Transfer Act of 2020

II 116TH CONGRESS 2D SESSION S. 4725 To establish programs to facilitate the commercial application of clean energy and related technologies in the United States. IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2020 Mr. COONS (for himself and Mr. CASSIDY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish programs to facilitate the commercial application of clean energy and related technologies in the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Energizing Technology Transfer Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—NATIONAL CLEAN ENERGY TECHNOLOGY TRANSFER PROGRAMS VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4725 IS Sec. 101. Energy Innovation Corps Program. Sec. 102. Clean energy technology transfer coordination. TITLE II—TECHNOLOGY DEVELOPMENT AT NATIONAL LABORATORIES Sec. 201. Lab Partnering Service Pilot Program. Sec. 202. Lab-Embedded Entrepreneurship Program. Sec. 203. Small business voucher program. Sec. 204. Entrepreneurial leave program. Sec. 205. Outside employment and activities for National Laboratory employ- ees. TITLE III—DEPARTMENT OF ENERGY MODERNIZATION Sec. 301. Management of large demonstration projects. Sec. 302. Streamlining prize competitions. Sec. 303. Extension of other transaction authority. Sec. 304. Milestone-based demonstration projects. Sec. 305. Cost-sharing. Sec. 306. Special hiring authority for scientific, engineering, and project man- agement personnel. TITLE IV—REPORTS Sec. 401. Updated technology transfer execution plan report. Sec. 402. Report on short- and long-term metrics. Sec. 403. Report on technology transfer gaps. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CLEAN ENERGY TECHNOLOGY.—The term 3 ‘‘clean energy technology’’ means a technology that, 4 as determined by the Secretary, significantly— 5 (A) reduces energy use; 6 (B) increases energy efficiency; 7 (C) reduces greenhouse gas emissions; 8 (D) reduces emissions of other pollutants; 9 or 10 (E) mitigates other negative environmental 11 consequences. 12 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4725 IS (2) DEPARTMENT.—The term ‘‘Department’’ 1 means the Department of Energy. 2 (3) INSTITUTION OF HIGHER EDUCATION.—The 3 term ‘‘institution of higher education’’ has the 4 meaning given the term in section 101 of the Higher 5 Education Act of 1965 (20 U.S.C. 1001). 6 (4) NATIONAL LABORATORY.—The term ‘‘Na- 7 tional Laboratory’’ has the meaning given the term 8 in section 2 of the Energy Policy Act of 2005 (42 9 U.S.C. 15801). 10 (5) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Energy. 12 TITLE I—NATIONAL CLEAN EN- 13 ERGY TECHNOLOGY TRANS- 14 FER PROGRAMS 15 SEC. 101. ENERGY INNOVATION CORPS PROGRAM. 16 (a) DEFINITIONS.—In this section: 17 (1) ELIGIBLE PARTICIPANT.—The term ‘‘eligi- 18 ble participant’’ means— 19 (A) an employee of a National Laboratory; 20 (B) a researcher; 21 (C) a student; and 22 (D) a clean energy entrepreneur, as deter- 23 mined by the Secretary. 24 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4725 IS (2) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary, acting through the Technology Trans- 2 fer Coordinator appointed under section 1001(a) of 3 the Energy Policy Act of 2005 (42 U.S.C. 4 16391(a)). 5 (b) ESTABLISHMENT.—The Secretary shall carry out 6 a program, to be known as the ‘‘Energy Innovation Corps 7 Program’’ (referred to in this section as ‘‘Energy I– 8 Corps’’), to support entrepreneurial and commercial appli- 9 cation education, training, professional development, and 10 mentorship. 11 (c) PURPOSES.—The purposes of Energy I–Corps 12 are— 13 (1) to help eligible participants develop entre- 14 preneurial skills; and 15 (2) to accelerate the commercial application of 16 clean energy technologies. 17 (d) ACTIVITIES.—In carrying out Energy I–Corps, 18 the Secretary shall support, including through grants— 19 (1) market analysis and customer discovery for 20 clean energy technologies; 21 (2) entrepreneurial and commercial application 22 education, training, and mentoring activities, includ- 23 ing workshops, seminars, and short courses; 24 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4725 IS (3) engagement with private sector entities to 1 identify future research and development activities; 2 and 3 (4) any other activities that the Secretary de- 4 termines to be relevant to the purposes described in 5 subsection (c). 6 (e) STATE AND LOCAL PARTNERSHIPS.—In carrying 7 out Energy I–Corps, the Secretary may engage in partner- 8 ships with National Laboratories, State and local govern- 9 ments, economic development organizations, and nonprofit 10 organizations to broaden access to Energy I–Corps and 11 support activities relevant to the purposes described in 12 subsection (c). 13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to the Secretary to carry 15 out Energy I–Corps— 16 (1) for eligible participants described in sub- 17 section (a)(1)(A), $3,000,000 for each of fiscal years 18 2021 through 2025; and 19 (2) for eligible participants described in sub- 20 paragraphs (B) through (D) of subsection (a)(1), 21 $3,000,000 for each of fiscal years 2021 through 22 2025. 23 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4725 IS SEC. 102. CLEAN ENERGY TECHNOLOGY TRANSFER CO- 1 ORDINATION. 2 (a) IN GENERAL.—The Secretary, acting through the 3 Technology Transfer Coordinator appointed under section 4 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 5 16391(a)), shall support the coordination of relevant tech- 6 nology transfer programs, including programs authorized 7 under this title and section 202, that advance the commer- 8 cial application of clean energy technologies nationally and 9 across all energy sectors. 10 (b) ACTIVITIES.—In carrying out subsection (a), the 11 Secretary may— 12 (1) facilitate the sharing of information on best 13 practices for successful operation of clean energy 14 technology transfer programs; 15 (2) coordinate resources and improve coopera- 16 tion among clean energy technology transfer pro- 17 grams; 18 (3) organize national platforms or events for 19 showcasing innovative companies and entrepreneurs 20 and promoting networking with prospective investors 21 and partners; 22 (4) facilitate connections between entrepreneurs 23 and startup companies and Department programs 24 related to clean energy technology transfer; and 25 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4725 IS (5) facilitate the development of metrics to 1 measure the impact of clean energy technology 2 transfer programs on— 3 (A) advancing the development, demonstra- 4 tion, and commercial application of clean en- 5 ergy technologies; 6 (B) job creation and workforce develop- 7 ment, including in low-income communities; 8 (C) increasing the competitiveness of the 9 United States in the clean energy sector, in- 10 cluding in manufacturing; and 11 (D) the advancement of clean energy tech- 12 nology companies led by entrepreneurs from 13 underrepresented backgrounds. 14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to the Secretary to carry 16 out this section $3,000,000 for each of fiscal years 2021 17 through 2025. 18 TITLE II—TECHNOLOGY DEVEL- 19 OPMENT AT NATIONAL LAB- 20 ORATORIES 21 SEC. 201. LAB PARTNERING SERVICE PILOT PROGRAM. 22 (a) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4725 IS (1) PILOT PROGRAM.—The term ‘‘pilot pro- 1 gram’’ means the Lab Partnering Service Pilot Pro- 2 gram established under subsection (b). 3 (2) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary, acting through the Technology Trans- 5 fer Coordinator appointed under section 1001(a) of 6 the Energy Policy Act of 2005 (42 U.S.C. 7 16391(a)). 8 (b) ESTABLISHMENT.—The Secretary shall establish 9 a pilot program, to be known as the ‘‘Lab Partnering 10 Service Pilot Program’’— 11 (1) to provide services that encourage and sup- 12 port partnerships between the National Laboratories 13 and public and private sector entities; and 14 (2) to improve communication of research, de- 15 velopment, demonstration, and commercial applica- 16 tion projects and opportunities at the National Lab- 17 oratories to potential partners. 18 (c) EXISTING PROGRAM.—The pilot program may be 19 established within, or as an expansion of, an existing De- 20 partment program. 21 (d) ACTIVITIES.—In carrying out the pilot program, 22 the Secretary shall— 23 (1) conduct outreach to and engage with rel- 24 evant public and private sector entities; 25 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4725 IS (2) identify and disseminate best practices for 1 strengthening connections between the National 2 Laboratories and public and private sector entities; 3 and 4 (3) develop a website to disseminate informa- 5 tion on— 6 (A) different partnering mechanisms for 7 working with the National Laboratories; 8 (B) National Laboratory experts and re- 9 search areas; and 10 (C) National Laboratory facilities and user 11 facilities. 12 (e) COORDINATION.—In carrying out the pilot pro- 13 gram, the Secretary shall coordinate with the Directors 14 and dedicated technology transfer staff of the National 15 Laboratories, with a focus on matchmaking services for 16 individual projects led by the National Laboratories. 17 (f) METRICS.—The Secretary shall collaborate with 18 program evaluation experts to develop metrics to deter- 19 mine— 20 (1) the effectiveness of the pilot program in 21 achieving the purposes described in subsection (b); 22 and 23 (2) the number and types of partnerships estab- 24 lished between public and private sector entities and 25 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4725 IS the National Laboratories compared to historical 1 trends. 2 (g) FUNDING EMPLOYEE PARTNERING ACTIVI- 3 TIES.—The Secretary shall delegate to the Directors of 4 the National Laboratories the authority to establish, with- 5 out regard to title 5, United States Code, or any regula- 6 tion issued under that title, a mechanism for compen- 7 sating National Laboratory employees providing services 8 under the pilot program. 9 (h) DURATION.—Subject to the availability of appro- 10 priations, the pilot program shall operate for not less than 11 3 years. 12 (i) EVALUATION.—Not later than 180 days after the 13 date on which the pilot program terminates, the Secretary 14 shall submit to the Committee on Energy and Natural Re- 15 sources of the Senate and the Committee on Science, 16 Space, and Technology of the House of Representatives 17 a report that— 18 (1) evaluates the success of the pilot program 19 in achieving the purposes of the pilot program; and 20 (2) includes an analysis of the performance of 21 the pilot program based on the metrics developed 22 under subsection (f). 23 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated to the Secretary to carry 25 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4725 IS out this section $3,700,000 for each of fiscal years 2021 1 through 2023, of which $1,700,000 for each fiscal year 2 shall be used to carry out subsection (g). 3 SEC. 202. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM. 4 (a) DEFINITIONS.—In this section: 5 (1) COVERED PROGRAM.—The term ‘‘covered 6 program’’ means a lab-embedded entrepreneurship 7 program established or supported by an eligible enti- 8 ty using a grant awarded under the program. 9 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 10 ty’’ means— 11 (A) a National Laboratory; 12 (B) a nonprofit organization; 13 (C) an institution of higher education; and 14 (D) a federally owned corporation. 15 (3) ENTREPRENEURIAL FELLOW.—The term 16 ‘‘entrepreneurial fellow’’ means an individual partici- 17 pating in a covered program. 18 (4) PROGRAM.—The term ‘‘program’’ means 19 the Lab-Embedded Entrepreneurship Program au- 20 thorized under subsection (b). 21 (b) PROGRAM.—The Secretary shall continue the pro- 22 gram within the Office of Energy Efficiency and Renew- 23 able Energy known as the ‘‘Lab-Embedded Entrepreneur- 24 ship Program’’, under which the Secretary, or a designee 25 VerDate Sep 11 2014 03:37 Oct 20, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4725.IS S4725 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4725 IS of the Secretary at a National Laboratory, shall award 1 grants to eligible entities for the purpose of establishing 2 or supporting a covered program. 3 (c) PURPOSE.—The purpose of a covered program is 4 to provide entrepreneurial fellows with access to National 5 Laboratory research facilities, expertise, and mentor- 6 ship— 7 (1) to perform research and development; and 8 (2) to gain expertise that may be required or 9 beneficial for the commercial application of research 10 ideas. 11 (d) ENTREPRENEURIAL FELLOWS.— 12 (1) IN GENERAL.—In participating in a covered 13 program, an entrepreneurial fellow shall be pro- 14 vided— 15 (A) by the Secretary or an eligible entity, 16 with— 17 (i) opportunities for entrepreneurial 18 training, professional development, and 19 networking through exposure to leaders 20 from academia, industry, government, and 21 finance, who may serve as advisors to or 22 partners of an entrepreneurial fellow; 23 VerDate Sep 11 2014 04:25 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 [Text truncated for display. 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